Collaborative Divorce NY
What is Collaborative Divorce NY?
In a NY collaborative divorce, lawyers, parties and outside experts work together to reach an amicable settlement and keep their case from devolving into costly and often unnecessary litigation.
In a collaborative divorce, you retain your privacy, work together to find solutions to your unique circumstances and have the support of your attorneys (and sometimes an entire team) to end your marriage in the best way possible.
Divorce can be devastating, but it doesn’t have to be. Traditional divorce litigation is expensive, time consuming and often enriches litigation attorneys in the end. We have all heard or witnessed divorce horror stories, but, again, it doesn’t have to be this way.
If you and your spouse are interested in handling your divorce in a more evolved way, contact our top rated NY collaborative divorce attorneys for a free consultation by calling (866) 830-2064 now to learn about the collaborative divorce process and how we can help you resolve your divorce without the need for contentious litigation.
In a collaborative divorce, you and your spouse agree that you want to resolve your differences without court intervention, and without threatening litigation. It is a modern technique of handling divorce dispute resolution and is oriented towards working out the issues relevant to your divorce in a collaborative, or synergistic, manner.
NY collaborative divorce lawyers enter into a special retainer agreement in which they agree to seek to resolve the matter in a good faith manner without litigation or the threat of litigation. If the collaborative process fails, then we, the collaborative attorneys, would refer you to litigation counsel.
What are the Benefits of Collaborative Divorce?
The benefit of a NY collaborative divorce is that it empowers you and your spouse, as a couple to separate and end your marriage:
- outside of court which affords you privacy, control and the avoidance of the uncertain and often daunting court process
- in a way that facilitates communication, problem solving and collaboration, all which are in your best interest, especially if their are children involved
- in a manner that achieves a fair and equitable result
- in a far more cost effective and time efficient manner than the alternative of contentious divorce litigation
- in a more amicable manner that keep you and your children shielded from the contentious divorce litigation process
- in a way that results in settlement agreements that are often better drafted, as the parties have been active participants in its creation, and agreements are statistically adhered to more than agreements reached in other forms of divorce.
Am I a Candidate?
In order to be a candidate for NY collaborative divorce, you and your spouse have to voluntarily be willing to handle your divorce in a collaborative manner, which means you have to be willing to openly and honestly address your issues with the help of a team of attorneys, experts, and therapists.
If you believe your spouse is hiding assets, is secretive about their income or assets or there has been domestic violence, then you’re likely not a candidate for the collaborative process. If your relationship is adversarial, then collaborative divorce may not be the best option for you. In that event, we can still help you through contested divorce representation, or potentially in a non-litigation or cooperative manner which is also aimed at keeping the matter out of court.
If you think you’re a candidate for collaborative divorce and want to learn more, give us a call at (866) 830-2064. Even if collaborative divorce is not for you, we can still assist you using other divorce processes.
NY Collaborative Divorce FAQ
Frequently Asked Questions About Collaborative Divorce in New York
General Questions
Q: What is collaborative divorce?
A: Collaborative divorce is an alternative dispute resolution (ADR) process where both spouses work together—with the help of trained attorneys and neutral professionals—to settle their divorce outside of court. This method prioritizes cooperation rather than litigation, making the process less adversarial and more cost-effective.
Q: How is collaborative divorce different from traditional divorce?
A: Unlike traditional litigation, where each spouse fights for their interests in court, collaborative divorce:
✔ Focuses on problem-solving, not winning and losing
✔ Involves private negotiations rather than public court battles
✔ Uses neutral professionals (e.g., financial advisors, mental health experts) to assist in discussions
✔ Helps preserve relationships, which is especially important for co-parenting
Eligibility & Process
Q: Who can use collaborative divorce in New York?
A: Collaborative divorce works best when:
✔ Both spouses are willing to negotiate in good faith
✔ The couple wants to avoid litigation and reduce stress
✔ There are complex financial assets or business interests involved
✔ There are children and both parents want a child-centered resolution
✔ The spouses value privacy and confidentiality
However, it may not be suitable if there is domestic violence, abuse, or significant power imbalances in the relationship.
Q: How does the collaborative divorce process work?
A: The process generally includes:
1️⃣ Signing a Participation Agreement – Both spouses and their attorneys sign a contract committing to out-of-court resolution.
2️⃣ Initial Meeting – The couple, their attorneys, and possibly neutral professionals discuss goals and expectations.
3️⃣ Information Gathering – Both parties fully disclose financial assets, debts, and other relevant information.
4️⃣ Negotiation Sessions – A series of meetings are held to discuss property division, child custody, and support.
5️⃣ Final Agreement – Once a settlement is reached, a legal document is drafted and submitted to the court for final approval.
💡 If the collaborative process fails and the couple chooses litigation, both spouses must hire new attorneys to represent them in court.
Benefits of Collaborative Divorce
Q: What are the advantages of collaborative divorce?
A: Collaborative divorce offers several benefits:
✔ Less Expensive – Costs are usually lower than traditional litigation.
✔ Faster Resolution – Cases are resolved more quickly since they don’t depend on court schedules.
✔ More Control – Couples make decisions together instead of relying on a judge.
✔ Better for Children – Reduces conflict, making co-parenting easier and healthier.
✔ Confidential Process – Keeps personal matters private, unlike public court proceedings.
✔ Preserves Relationships – Ideal for couples who need to co-parent or maintain civil ties.
Q: What are the disadvantages of collaborative divorce?
A: Potential downsides include:
❌ Not Enforceable Until Finalized – Agreements must still be approved by a court.
❌ Requires Full Transparency – Both parties must disclose all financial information, which can be a challenge.
❌ May Not Work for High-Conflict Divorces – If one spouse refuses to cooperate, the process can break down.
Legal & Financial Considerations
Q: Is a collaborative divorce legally binding in New York?
A: Yes. Once a settlement agreement is signed by both spouses and approved by a judge, it becomes legally binding.
Q: How does property division work in collaborative divorce?
A: New York follows equitable distribution laws, meaning property is divided fairly, but not necessarily equally. In collaborative divorce, spouses work together to decide on a fair division of assets, rather than having a judge impose a ruling.
Q: Can collaborative divorce include child custody and support agreements?
A: Yes. The process allows parents to develop customized child custody and support plans that work for their family. Courts will approve these agreements as long as they align with the best interests of the child.
Q: Do I still need to go to court in a collaborative divorce?
A: In most cases, no formal court appearances are required. Once both parties sign the final agreement, it is submitted to the court for approval, but neither spouse usually needs to appear in front of a judge.
Costs & Timeline
Q: Is collaborative divorce cheaper than litigation?
A: Yes. While costs vary depending on the complexity of the case, collaborative divorce is usually far less expensive than a contested divorce. Without court fees, depositions, and drawn-out legal battles, costs remain lower.
Q: How long does a collaborative divorce take?
A: Most collaborative divorces take between 3 to 9 months, depending on:
- The complexity of assets and financial matters
- The couple’s willingness to negotiate
- Whether experts (e.g., financial advisors, child specialists) are involved
🚨 Traditional divorce litigation can take years, while collaborative divorce offers a much faster resolution.
Working with a Collaborative Divorce Lawyer
Q: Why do I need a lawyer for collaborative divorce?
A: A collaborative divorce lawyer ensures that:
✔ Your rights and interests are protected
✔ The agreement is fair and enforceable
✔ Negotiations remain focused and productive
✔ You comply with New York divorce laws
Q: What should I look for in a collaborative divorce attorney?
A: When hiring a lawyer, consider:
✔ Experience with New York collaborative divorce cases
✔ Training in collaborative law (not all divorce attorneys are trained in this approach)
✔ Strong negotiation skills
✔ Familiarity with financial and custody issues
Q: Can we use the same lawyer for a collaborative divorce?
A: No. Each spouse must have their own attorney to ensure their rights are protected. However, neutral professionals (e.g., mediators, financial experts) can be shared.
Final Thoughts & Next Steps
Q: Is collaborative divorce right for me?
A: Collaborative divorce is ideal if:
✔ You and your spouse want to avoid court
✔ You value privacy and efficiency
✔ You are willing to negotiate fairly
🚨 However, if there is significant conflict, dishonesty, or domestic abuse, traditional legal representation may be necessary.
Q: How do I get started with a collaborative divorce in New York?
A: Contact David Centeno Law at (866) 830-2064 to schedule a confidential free phone consultation. Our experienced New York collaborative divorce attorneys will guide you through every step to ensure a smooth, cost-effective, and stress-free divorce process.
